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HomeMy WebLinkAboutOrdinance 941 FORK No. Ia: AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON__J i'i _.... .'"iuREZ _ .-....... ,, IN THE CITY OF FORT WORTH,TEXAS,BETWEEN ITS INTERSECTION WITH THE...17,0.1:1.T LINE OF .ZZVEIIXH aT=T .....,... AND ITS INTERSECTION WITHTIIE..., f4II.TII._ LINE OF:.:.._.....1i11 "..,. .� " .-,-..... AGAINST THE OWNERS OF PROPERTY ABUT- TING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAIL- WAYS AND THEIR PROPERTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS,That: WHEREAS, Heretofore, the Board of Commissioners of the said City directed the improvement of -..,....,_,A .. : ............:................_between its intersection with the.,.- Z.t :......_-.line of. mzmth.-.--_ its Intersection with the.,.,5,0%kt'4_..--]ine of_...... .ul .'at,;r1100'1.'__'___"' by raising, filling,grading, and paving the same; and, WHEREAS,In accordance with said resolution, specifications for said work were duly prepared by the-City Engineer,and adopted by the Board of Commissioners;and.., WHEREAS,Bids for said improvements were duly advertised for, as required by the City Charter; and, WHEREAS,Said bids were received, opened and considered by the Board of Commissioners,and the bid of......- Qu,11 .. ....... for the improvement of the said portion of said Street, was accepted by said Board of Commissioners; and, WHEREAS, The said..,lfrC.kk. 1.kkak..W1 t tik, .tNi lk..,.C .« ... .._has entered into a contract with the City of Fort Worth,as provided by the Charter,for the improvement of said street, within the said limits by raising,grading,and filling the same and by paving the same with 1...V .r..l;10M3 ____. .._...... ,.�,. ....... ', ,.. jsi ..... .......... .......pavement with...5 g ....,.. , _,...... foundation; and, WHEREAS,The said contractor has executed bonds to the City of Fort Worth for the construe tion and mainteannce thereof,in accordance with the said contract,and specifications,with surety as re- quired by the said City Charter, which contract and bonds with the surety thereof, have been duly ap- proved by the said Board of Commissioners;and, WHEREAS,Thereafter, the City Engineer of said City filed his written statement with the Board of Commissioners concerning the said improvements, and the cost thereof,as provided by Section S,Chap. ter 14,of the Charter of the City;which statement was considered by the Board,corrected and approved; ;and, WHEREAS,Thereafter the said Board did,by resolution find and declare the necessity of assess- ing a portion of the cost of said improvements against the owners of the property abutting thereon, and owners of street and steam railways thereon and their property and did prescribe a hearing of the said owners,their attorneys, and agents and fixed a date therefor and did direct the said Secretary of the said City to issue notice of the said hearing by advertisement,as provided by the said City Charter,and also by posting said notices as provided therein;and, WHEREAS,In accordance with the said resolution,the City Secretary did issue a notice of the said hearing to the said owners and all interested parties by publication thereof,for the time and in the man- near prescribed by the City Charter, in......'T1in_..rimar:,t....Mfr.t,..k ..11 . r. .............................................._......,.,.....,....,..,.,,.,,.,. a daily paper of general circulation in the City of Fort Worth, for five (5) consecutive days prior to the said hearing, and did also notify the said owners of the said hearing by posting a copy of the said notice to each of them, at the post office, in the City of Fort Worth, Texas, more than ten days prior to the date of the hearing; and, WHEREAS, The said hearing in accordance with the said resolution and notice was held by the Board of Commissioners on the t , day of.. 12 , at C a p �i,a d at whic �t�zpxe and place � '"../� r��/1� aw✓d6 + fi l,� �(� r � J� �� ; iv Wiai "'f jY a ✓ 1 l (rr n/ „.. 'y f N / �� ....., ,.w. , ..,.. ....,.. .,....... .9_.__... . '"....,.. aid ._ .,....,., . . ..,,,., ._..... ......... .......,. ,,,., .,. .,....,.,,,.,, ..., owners, appeared to protest the said assessment and the benefits of said improvement connected with the improvement of said portion of said street. NOW,THEREFORE,Be it further adjudged and ordained by the said Board of Commissioners, as follows, to-wit. (1) aThat the benefits to each parcel of abutting property of each owner hereinafter named by the enhanced value of said property exceed in each case the amounts hereinafter assessed against such owners and their property,and the said Board having considered the evidence and it appearing therefrom that the strict application of the front foot rule or plan, whereby each owner is to be assessed in propor- tion as the frontage of his property is to the whole frontage improved,would operate unjustly in particu- lar cases and that the apportionment and assessment hereinafter made will effect substantial equality and justice between property owners,having in view benefits received by and burdens imposed upon such owners,and said apportionment is hereby adopted, (2) That there is, and shall be, assessed against each of the owners of abutting property hereinbe- low named,and against the several,parcels of property of said owners hereinbelow described as their proper pro rata part of the cost of the said improvements, the several sums of money set opposite the names of the said owners and their property. The name of the said owners,and descriptions of the prop- erty of each,and the total amount in money hereby assessed against each one, and his property, being as follows,to-wit Contract Awarded:Xa.y let-1923. Price Pik„ dontra,tor; 'UoCollum Construction Co. Pavement,per sq,.yd.----� 3.11 Pavement, 30Vertical Fibre Brick. Curb, Per lin. ft. ----- .54 12"Cutter, per sq,.ft.--- .3CF. For Co.zbined Curb & Gutter, Per linear fact -------- 485. For Earth Excavation, per cubic yard -------------- .75 For Rook Exoavation per cubic XAEd --------------- .73 ,Assessment for JONES STREET, from the Forth line of Seventh Street to the South line of Bluff street. Fort tortb., Texan. RAT'S PER TOTAL x Annie 8.Heaxne(wife of A.b.Hearne) 1 12 Original Town 1441-$7.78223-$778.23 Wm.Wills, A.Willa, W.A. Tyson 1 11 " " 1441- " - 778.22 Jennie E.Green Hughey (wife of H.J.Hugney) a 11 " " loot- n - 778.22 U.8ohmidt 1 23 " " 1141- ff - 886.45 Wm4obmidt 8 33 " 1141'- " - 856,05 Ee tat a An - H. - gruder(E.G. ud , ' ' 1301e Heir) , 1 86 7734 Frank W.Heimei m.541 4 26 " " 1441- " - 778.22 The World Uompany,lno. 1 & 4 19 " 2301- it -1,710.09 Estate of Lee Fleming, Ella S.Freeman,Alma Lee Fleming,Jere Bryan Fleming,Martln 8inyoza F1 eming. 1 84 n IU 144t-$8.31667- 631.67 Estate of W.S-Matuey- Z,j of 4 54 " a 1441 Tarrant «County & City c f Ft.Wortb 1 87 " " loot-- " - 631.61 W.F-Weeke 4 87 Q " loot- " - 631.67 Ann Wilkes ( rife of q.W.WIlkee5 1 94 a tt loot- " - 631.6" Valme. Igbert, (wife, o- Maxwell E.Egb t)N.j 4 94 a " 541- It - 315.83 ,'rc.ha. Sala -8. of 4 94 " if 54'-- " - 31:.83,. R.:..Carlock - 1 & 4 68 It It 2'441-$7.TOM;-15 6.46 Southwest Mag r.:.ne Company - W. f 3 69 " " 1441- n - 776.00 J ohx. Lala -- W. 2 69 "" " loot- " - 77 a.23 T.H.Conner 2 93 " " 1£14"- 6.31667- $1$x.a7 A.J.Anderson 3 93 " "" loot- " - 531.67 .H.Holt-6. 3 88 " " 54t-- If - 315.82 Hom*v 96 " " 1641-- t' - 947.50 Mrs.Ua ry M.Cook- t " t 1t - 631.67, TI. X73- 3 of 3 55 ix ' loo my vwi,, melee s of T'.I.Con elee)3 say " � 144"- " 631,67 0. "' 22'71-7.78223"-1,713.49 4 Ste �►r-�.351 of 3 33 r" It 35;"- W ., 272.36 Edward rostma 1.67 t 3 so n 0 671- " -- 521.41 John Jt. Vincent 3 33 " " loot- " - 7761.22 John Will*(xr ad by A,WIlls)8. 64f of It & 6 34 11 541- " _ 380.11 P.MoDAZI01"N'Oot of 8 & 6 34 e IT 601- " - 466.93 Estate 8.14-Field (Julian T.Field extx) 4 34 1► 1141., s -» 856.05 Fort 'Forth Ind.Sohool District, (Walter Huff:-- :n, School) 2 & 3 15 " " 2441- " -1,5ba. r . page - JOITE;S STREET Asp easment continued: RATE PER TOTAL A M LT BLK. ap T Arnie B. Hearne, Wife of A.O Hearne) Original Town--1001-$7,78MB - 778.3& This item is ar.1own on J.E.Hoad's map as lot 5 in block 13. Baker's map of said city does not show say, ,lot Awfaers in ,)look 13, the property owned by Mrs. Hearne is tAa Meat 14241 of the south 100' of block 13) TOTAL COST TO THE PROPERTY O>IME'RS - - - - - - - 02 ,339.06 TOTAL COST TO THE CITY ()E' FORT WORTH - - - - - - 6,5CO.O0 TOTAL COST TC THE TRACT ?OX COIIPA Y - - - - - - -- 2,320.00 TOTAL COST TO THE SAITTA FE RAILITAY CO',11ANY - 483.50 GRAND TC TAL - - - --- - - - - - - - - - - - - - 001141 FORM No. 14—ConduUod, That e s .Vhat the amount set opposite the name of each owner above, and his property i hereby assessed against the said property and declared to be a personal liability of the owner thereof, and secured by a lien upon the said property superior to all other liens, claims or titles, except lawful taxes, that the amount payable by each owner, and assessed against his or her property, above, shall be payable as follows, to-wit: In three equal installments, one payable within 30 days after the date of completion of said work and its acceptance by the City, one within one year, and one within two years from said date of ac- ceptance,provided that said owners shall have the right to discharge any installment before maturity by payment thereof with accrued interest. That default in the payment of any installment of principal or interest upon said assessments when due as herein provided shall,at the option of said contractor, or other legal owner and holder of said assessments,at once mature the whole amount thereof,both prin- cipal and interest,which shall at once become collectible without notice. (X) That the said assessments shall bear interest from, the date of the said completion,,and,ac660t,- ance at the rate of 8 per cent per annum,payable annually,and if not paid when due the said assessments and claims of personal liability shall be enforced, either by the sale of such property by the officer and in the manner,as far as applicable,as sales are authorized,to be made for non-payment of City Taxes as prescribed by the City Charter and general laws, or by suit to enforce the said claim of personal liability or lien in any court having jurisdiction. (4) That the City shall issue to the said contractor, for the said improvement assign- able certificate against the owners of said property, and against their said property, which said cer- tificates shall declare the said sums to be due and payable in installments as herein provided after comple- tion and acceptance of said work, and shall be payable to the said contractor, and shall state the amount due from each property owner,and hereby assessed against his property,and the rate of interest thereon, herein fixed at eight per cent (8%) per annum,and each certificate shall recite and declare the fact that the same is secured by a lien against the property of such owner,and personal liability of the owner,and shall describe such property by number and block, or such other description as may identify the same with reference to any other fact recited,and by the name of the oNvner and if the owner is not known,or if the property is owned by an estate, it will be sufficient to so state the fact. Said certificates shall provide that if the amount therein declared or any installment of principal or interest thereof shall not be paid when due, that the whole amount thereof shall be collectible with ac- crued interest, and with court costs, and reasonable attorney's fees, if same have been incurred, and shall recite the proceedings with reference to such improventents as have been made in compliance with the terms thereolf-and,the-charter of the-City,of Fox-t-Worth, and that all prerequisites to the fix- ing of the liens and personal liability, evidenced by such certificates, have been performed. Said cer- tificates shall be executed by the Mayor and attested by the City Secretary with the corporate seal. Said certificates shall provide that the same shall be payable to the Tax Collector of the City, who shall issue his receipt for payment thereon, which shall be evidence of such payment, on any demand for same by virtue of the said certificate, or any independent contract to pay the same, entered into by the owner of property therein described, and shall provide that the Tax Collector shall deposit all sums received by him on said certificates with the City Treasurer and the said City Treasurer shall keep the same in a separate fund, which fund is hereby designated as ...... CERTIFICATE FUND and that whenever any payment may be made to the Tax Collector upon such certificate, it shall be his duty on presentation by the said contractor, or the holder thereof, to endorse said payment thereon, and the contractor or holder of such certificate, shall be entitled to receive from the City Treasurer the amount so paid upon presentation of the said certificate, credited with the amount paid thereon, and that said endorsement and credits shall be the Treasurer's warrant for making such payment to the said contractor, and that such a payment by the Treasurer shall also be receipted for by the said holder in writing to the said Treasurer,or by the surrender of said certificate,when the principal thereof, together with accrued interest and cost of collection,shall be paid in full. That said certificates may be issued, with coupons thereto attached evi- dencing the several instalments of principal and interest thereof, which coupons shall be excuted and attested by the Mayor and City Secretary as are said certificates under the terms hereof, but the sig- natures of said Mayor and City Secretary attached to said coupons may be facsimile signatures stamped, engraved or printed thereon. Upon payment of any installment evidenced by a coupon, such coupon shall be credited by the City Tax Collector and surrendered to the City Treasurer as herein provided. Such certific ates shall also recite that the City of Fort Worth shall not be liable for the payment thereof, or for any interest thereon, or for the cost of collecting or enforcing same, but that the'said company or holder thereof, shall have the right to collect such certificates as therein provided by the terms of the Charter of the City of Fort Worth, and that the said City of Fort Worth shall, whenever demanded by the said Company,or holder of said certificates, fully exercise its charter power to enforce the lien securing the said certificate, and collect the same, but shall not be liable in any manner for failure to so collect or enforce the lien thereof. (5) That this ordinance shall take effect from and after its passage. FORM No.14-A. (6) That the cost of said improvement in accordance with the terms of the said contract, between the rails and tracks and eighteen (18) inches on the outside thereon of the ..... w to F t y . , -.Com an occupying the said street;`sereby ascertained and determined to be the sum Dollars,and to secure the payment of the said sum a special tax in said amount is here- by levied upon and against the roadbed, rails, ties, franchises, fixtures and property of said street railway company, as proscribed by the Charter of the City, which tax shall be a lien against the said property of the sand ._.11ailway Company,superior to all other liens or claims or titles whatever, except lawful ad valorem, taxes,which tax shall become delinquent if not paid in full whin,arty, o f days after the completion and acceptance of said improvement by the City, and if the tax shall not then be paid the same shall be enforced either by sale in the said premises in the manner as near as possible as provided by the sale of property by the City of Fort Worth for ad valorem taxes, or the same may be enforced in any court having jurisdiction. That said assessment has been determined to be just, equitable and legal, after the hearing to said company herein referred to. i t ry } t$ (6) That the cost of the said improvement between i ra sand tracks of the & � 9%@l d .i .... ,"Ai....�,„i�l.�,i�P,tt' .... Wll:Ii.+i�Q .__............ .................Company, and 18 inches on the outside thereof,said rt i street Company being .railroad company, occupying the said streeet,is hereby ascertained and de- termined to be the sum o d , i .. V"i .. i' r ,,".;" �f ^.. i�1'. ( ,,......_. ........) Dollars,under the terms of the said contract,and a special tax of the said amount is hereby levied against and upon the road bed, ties, rails, franchies, fixttures and property of said Company as prescribed by the City Charter, which tax shall constitute a first and superior lien upon the said property of the said Com- pany to all other liens, claims or titles whatever, except lawful ad valorem taxes; that the said tax shall become delinquent if not paid within thirty days after completion of said improvement end its aceptance by the pit) 44d,$)l,sll;be enforced either,by=saleof tlh said°„property in"theAnarffier asnbsk as posisble provided by the City Charter for the sale of property for non-payment of ad valorem city taxes,or by,suit in any court having jurisdiction. That said assessment has been determined to be just, equitable and legal after the hearing herein referred to. (7) That this ordinance shall take effect from and after its passage.